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Who Gets the House in a Divorce?

Posted by Unknown | Jan 15, 2021 | 0 Comments

who gets the house in a divorce

Are you wondering "Who gets the house in a divorce?" Drama-Free Divorce can help. We also offer flexible monthly plans starting at $500 are tailored for residents in Missouri and Kansas residing in Kansas City. We take pride in offering transparent pricing to eliminate hidden fees or unexpected costs, reduce stress and inconvenience by using an efficient process that avoids court appearances, provide compassionate legal support during this trying time, and offer professional guidance throughout.

Divorce can be an emotionally taxing journey. Join us as we explore the nuances surrounding property division and its various components, how hiring a divorce attorney can make the process simpler, tips on selecting the ideal attorney, and why our firm may be ideal in your situation.


What Happens To A Property After Divorce?

Divorce can be an emotional and logistical strain. Deciding what will become of your property, such as your marital home, can be one of the biggest concerns when going through the divorce process, as property acquired during marriage typically qualifies as marital property and must be divided accordingly.


Who gets the house after a divorce?

At times it can be challenging to determine who will inherit a home, this depends on a number of factors including location and history.

  • Jurisdiction Matters: Different states have laws regarding property division. While some adhere to a community property rule - which splits assets acquired jointly between couples equally, others adhere to equitable distribution principles which divide assets fairly but not necessarily equally.
  • Ownership and Contributions: A court can look at who owned the house as well as who contributed financially and physically during their marriage to its maintenance and upkeep.
  • Custody Arrangements: When there are children involved, courts often prioritize their well-being over anything else and award primary caregivers the right to stay in the family home.
  • Financial Situation: When making decisions that affect both spouses, courts take into account both parties' respective economic situations. This ensures they are treated fairly and sustainably in any decisions made.
  • Negotiations or Mediation: Couples can often reach an agreement out of court by engaging in negotiations or mediation, which gives more room for flexibility when determining who gets which home.


How should a marital home be divided during a divorce?

To determine the current market value of your home, it must first be professionally appraised. This serves as the foundation for negotiations or court proceedings.

  • Consider Buyouts: Depending on your financial capabilities, one spouse could purchase out the other's share in the property if one wants to remain living there. This can be an effective solution if one wants to remain home alone.
  • Home Sale: Sometimes selling and splitting the proceeds may be the most equitable solution to ensure both parties can make a clean break from one another.
  • Legal Advice: Having legal advice when dividing property can be invaluable. An attorney will guide you on your rights and responsibilities as well as provide the most efficient method of proceeding with this endeavor.


Why hiring a divorce attorney is more advantageous than proceeding without one

Divorce can be an intricate legal process. Going at it on your own without legal representation can be risky and it is wiser to retain an attorney. Here's why legal representation is crucial:

  • Legal Expertise: Hiring an attorney who specializes in family laws and understands how property division works can ensure you get what is due.
  • Objective Perspective: Divorce cases can be emotionally taxing. Hiring an experienced family law attorney will provide an objective perspective and enable you to make rational decisions during this difficult period.
  • Paperwork and Court Procedures: Divorce can involve an immense amount of paperwork. Having a lawyer take care of this administrative work will save you both time and stress.
  • Negotiation Skills: Attorneys have extensive negotiation skills that can help you secure the desired result in court or during negotiations.


When is it the right time to hire an attorney?

As soon as you decide to file for divorce, legal advice from an experienced professional should be sought immediately. Legal guidance can help to inform you of your rights and guide the first steps taken during the process, even if it has already begun! It is never too late to hire one!


What criteria must I follow to select an effective attorney?

Selecting an attorney with care and diligence can make a substantial impactful difference in the outcome of your divorce proceedings. Keep these criteria in mind as you search for legal representation:

  • Experience: When hiring an attorney for divorce and family law cases, make sure they possess extensive expertise.
  • Reputation: Gather referrals from family or friends who have experienced divorce.
  • Compatibility: Compatibility with your attorney is of utmost importance. You should feel safe with them as you will be working together during a potentially trying time.
  • Communication: Your attorney should keep you up-to-date on the progress and options related to your case.
  • Cost: Although cost should play an integral part in making your decision, don't make it the sole basis of your selection process. Quality legal representation will produce better results and vice versa.


Why Choose Drama-Free Divorce?

We are a divorce attorney that exceeds all criteria required of an effective, reliable lawyer for handling family law.

  • Experience: Our team has years of experience handling divorce cases and will ensure that the best result possible for your situation.
  • Reputation: Our outstanding reputation has been earned through successful case management and client satisfaction.
  • Compatibility: Our attorneys are here to support and care for you during this difficult time.
  • Communication: At our firm, we take great pride in being open and transparent with you regarding the status of your case. At all times you will receive updates as to its progress.
  • Affordable: At our firm, we provide flexible payment plans to make legal representation accessible and within everyone's reach.


Suggestions for Action

Contact us to arrange a consultation session where we will review your case with you and assess its needs.

  • Begin Collecting Documents: As part of your preparations for legal proceedings, gather financial and property documentation.
  • Prioritize Your Goals: Think carefully about what it is you want from a marriage home and negotiate accordingly. Knowing exactly what your objectives are will make negotiation much simpler.
  • Emotional Support: Make sure that you reach out for emotional support from family, friends, or therapists as soon as you begin the divorce process. A divorce can be emotionally exhausting, but having a reliable support network in place is vital.
  • Trust the Process: Divorce can be an emotional journey that you can manage successfully with help from a competent attorney.

After a divorce, determining who gets to keep their house can be a challenging question. Our firm can offer assistance and advice during this trying time. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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